CENTRAL POWER AND LIGHT CO., Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
STATE OF TEXAS, Petitioner,
v.
UNITED STATES of America and Interstate Commerce Commission, Respondents.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 26, 1981.
February 26, 1981.
Attorney(s) appearing for the Case
William L. Slover, Washington, D. C., Cicero C. Sessions, New Orleans, La., for petitioner in No. 80-1068.
Benjamin R. Civiletti, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Mark Evans, I.C.C., Gen. Counsel, Washington, D. C. for respondents in both cases.
Robert Lewis Thompson, Dept. of Justice, James Laskey, John J. Powers, III, Joseph H. Dettmar, I.C.C., Office of the General Counsel, Washington, D. C., for U. S. A.
Samuel R. Freeman, Denver, Colo., for Denver and Rio Grande Western Railroad Co.
Milton E. Nelson, Jr., and Harry L. DeLung, Jr., Chicago, Ill., for Atchison, Topeka and Santa Fe Ry. Co.
John MacDonald Smith, San Francisco, Cal., for Southern Pacific Transportation Co.
Paul M. Haygood, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., Howard J. Trienens and Richard J. Metzger, Chicago, Ill., R. Eden Martin and John Will Ongman, Washington, D. C., for Denver and Rio Grande Western Ry. Co., The Atchison, Topeka and Santa Fe Ry. Co. and Southern Pacific Transportation Co.
Robert N. Kharasch, Gallans, Kharasch, Calkins & Short, Olga Boikess, Washington, D. C., for Colowyo Coal Co.
Mark White, Atty. Gen., Austin, Tex., J. David Hughes, Stuart Fryer, Carl E. Glaze, Asst. Attys. Gen., Austin, Tex., for petitioner in No. 80-1172.
Before HILL, RUBIN and ANDERSON, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
ON PETITION FOR REHEARING
R. LANIER ANDERSON, III, Circuit Judge:
Railroad respondents, Denver & Rio Grande Western Railroad Company, Atchison, Topeka & Santa Fe Railway Company, and Southern Pacific Transportation Company, petition for rehearing of our decision reported at 634 F.2d 137 (5th Cir. 1980). The railroads' concern relates to the law we should have applied in reviewing the Interstate Commerce Commission...
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